The harsh laws regarding possession and use of marijuana have been under attack in Arizona and elsewhere for a number of years. This has been due in part to the relatively large number of individuals who are in jails and prisons in the United States compared with other countries. Statistics also reveal that Black Americans are incarcerated in the U.S. at a rate of three or four times that of white people.
In response, Arizona, like a number of other states, proposed sweeping reforms to the marijuana laws in particular, in part because it is generally seen as a victimless crime, with the penalties far outweighing any alleged harm due, for example, to possession of small amounts of the drug.
Enter Proposition 207. Generally, the proposal, which was passed in 2020 with about a 60% approval rate, legalized possession of small amounts of marijuana for personal use by persons 21 years of age and older. In addition to legalization of “recreational marijuana,” the proposal
- Allows the cultivation of several marijuana plants.
- Permits the transfer (without payment) of small quantities of marijuana from one adult to another.
- Establishes a process to permit the expungement of records relating to the arrest, charge, conviction, and sentence for various marijuana crimes.
The claims of those in opposition to the new law included the following:
- Erosion of a qualified workforce.
- Prop 207 will lead to more stoned/impaired drivers, threatening the safety of our roadways.
- Legalization on a state level will conflict with federal law and lead to a reduction of the eligible workforce.
Several years have passed since the passage of Prop 207, and we can report that the fears of those opposed to the measure appear to have been overstated, in at least many cases. For example, smoking marijuana in public is still prohibited under Arizona law. Moreover, the new law removes a problem which led to the (race-related) incarceration of otherwise law-abiding citizens. It has also raised money for the state (through taxes on marijuana sales). Finally, it has allowed law enforcement to concentrate on more serious criminal issues.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028